Judge blocks 2 provisions in North Carolina’s new abortion law
Attorney News | 2023/10/04 03:38
A federal judge on Saturday blocked two portions of North Carolina’s new abortion law from taking effect while a lawsuit continues. But nearly all of the restrictions approved by the legislature this year, including a near-ban after 12 weeks of pregnancy, aren’t being specifically challenged and remain intact.

U.S. District Judge Catherine Eagles issued an order halting enforcement of a provision to require surgical abortions that occur after 12 weeks — those for cases of rape and incest, for example — be performed only in hospitals, not abortion clinics. That limitation would have otherwise taken effect on Sunday.

And in the same preliminary injunction, Eagles extended beyond her temporary decision in June an order preventing enforcement of a rule that doctors must document the existence of a pregnancy within the uterus before prescribing a medication abortion.

Short of successful appeals by Republican legislative leaders defending the laws, the order will remain in effect until a lawsuit filed by Planned Parenthood South Atlantic and a physician who performs abortions challenging the sections are resolved. The lawsuit also seeks to have clarified whether medications can be used during the second trimester to induce labor of a fetus that can’t survive outside the uterus.

The litigation doesn’t directly seek to topple the crux of the abortion law enacted in May after GOP legislators overrode Democratic Gov. Roy Cooper’s veto. North Carolina had a ban on most abortions after 20 weeks before July 1, when the law scaled it back to 12 weeks.

The law, a response to the 2022 U.S. Supreme Court ruling that struck down Roe v. Wade, also added new exceptions for abortions through 20 weeks for cases of rape and incest and through 24 weeks for “life-limiting” fetal anomalies. A medical emergency exception also stayed in place.

On medication abortions, which bill sponsors say also are permitted through 12 weeks of pregnancy, the new law says a physician prescribing an abortion-inducing drug must first “document in the woman’s medical chart the ... intrauterine location of the pregnancy.”

Eagles wrote the plaintiffs were likely to be successful on their claim that the law is so vague as to subject abortion providers to claims that they broke the law if they can’t locate an embryo through an ultrasound because the pregnancy is so new.



Biden backs new offshore drilling in the Gulf of Mexico
Attorney News | 2023/10/01 10:38
President Joe Biden’s administration on Friday proposed up to three oil and gas lease sales in the Gulf of Mexico, but none in Alaska, as it tries to navigate between energy companies seeking greater oil and gas production and environmental activists who want Biden to shut down new offshore drilling in the fight against climate change.

The five-year plan includes proposed sales in the Gulf of Mexico — the nation’s primary offshore source of oil and gas — in 2025, 2027 and 2029. The three lease sales are the minimum number the Democratic administration could legally offer if it wants to continue expanding offshore wind development.

Under the terms of a 2022 climate law, the government must offer at least 60 million acres of offshore oil and gas leases in any one-year period before it can offer offshore wind leases. The provision tying offshore wind to oil and gas production was added by Democratic Sen. Joe Manchin of West Virginia, a top recipient of oil and gas donations and a key vote in favor of the climate law, which was approved with only Democratic votes in Congress. The landmark law, the Inflation Reduction Act, was signed by Biden as a key step to fight climate change but includes a number of provisions authored by Manchin, a centrist who represents an energy-producing state.

For instance, if the Biden administration wants to expand solar and wind power on public lands, it must offer new oil and gas leases first.

“The Biden-Harris administration is committed to building a clean energy future that ensures America’s energy independence,” Interior Secretary Deb Haaland said in a statement. The proposed offshore leasing program “represents the smallest number of oil and gas lease sales in history” and “sets a course for (the Interior Department) to support the growing offshore wind industry,” she said.

The lease program will guard against environmental damage caused by oil and gas drilling and other adverse impacts to coastal communities, Haaland said.

If completed, the sales would increase climate-changing greenhouse gas emissions, according to a 300-page environmental review by the Interior Department’s Bureau of Ocean Energy Management. How much they will increase is uncertain because the review considered five or 10 new sales but not the three sales proposed.



Democratic Sen. Menendez says cash found in home was not bribe proceeds
Legal Topics | 2023/09/27 15:29

Democratic U.S. Sen. Bob Menendez of New Jersey defiantly pushed back against federal corruption charges on Monday, saying nearly half a million dollars in cash authorities found in his home was from his personal savings, not from bribes, and was on hand for emergencies.

Rejecting rising calls for him to resign, the influential chairman of the Senate Foreign Relations Committee said he believed he’d be cleared of charges that he took cash and gold in illegal exchange for helping Egypt and New Jersey business associates.

“I recognize this will be the biggest fight yet, but as I have stated throughout this whole process, I firmly believe that when all the facts are presented, not only will I be exonerated, but I still will be New Jersey’s senior senator,” Menendez said at Hudson County Community College’s campus in Union City, where he grew up. He did not respond to questions and did not say whether he would seek reelection next year.

Addressing allegations in the indictment unsealed Friday that authorities found cash stuffed in envelopes and clothing at his home, Menendez said that stemmed from his parents’ fear of confiscation of funds from their time in Cuba.

“This may seem old fashioned, but these were monies drawn from my personal savings account based on the income that I have lawfully derived over those 30 years,” he said.

Authorities recovered about 10 envelopes with tens of thousands of dollars in cash that had the fingerprints of one of the other defendants in the case on them, according to the indictment.

Menendez also addressed his relationship with Egypt, which plays a central role in the indictment against him, suggesting he’s been tough on the country over its detention of Americans and other “human rights abuses.”

“If you look at my actions related to Egypt during the period described in this indictment and throughout my whole career, my record is clear and consistent in holding Egypt accountable,” he said.

Prosecutors say he met with Egyptian military and intelligence officials, passed along non-public information about employees at the U.S. Embassy in Cairo and ghostwrote a letter on behalf of Egypt asking his Senate colleagues to release a hold on $300 million worth of aid. He did not directly address those allegations Monday.

The state’s Democratic leadership, including Gov. Phil Murphy, the state party chairmen and leaders of the Legislature, along with some of Menendez’s congressional colleagues, are calling on him to resign.

In Washington, however, where his party holds a bare Senate majority, some of Menendez’s Democratic colleagues have stopped short of urging him to give up his seat, notably Majority Leader Chuck Schumer of New York, and Majority Whip Dick Durbin of Illinois.


Judge rules Trump committed fraud while building real estate empire
Legal Business | 2023/09/25 22:29
A judge ruled Tuesday that Donald Trump committed fraud for years while building the real estate empire that catapulted him to fame and the White House, and he ordered some of the former president’s companies removed from his control and dissolved.

Judge Arthur Engoron, ruling in a civil lawsuit brought by New York Attorney General Letitia James, found that Trump and his company deceived banks, insurers and others by massively overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing loans.

Engoron ordered that some of Trump’s business licenses be rescinded as punishment, making it difficult or impossible for them to do business in New York, and said he would continue to have an independent monitor oversee Trump Organization operations.

If not successfully appealed, the order would strip Trump of his authority to make strategic and financial decisions over some of his key properties in the state.

Trump, in a series of statements, railed against the decision, calling it “un-American” and part of an ongoing plot to damage his campaign to return to the White House.

“My Civil rights have been violated, and some Appellate Court, whether federal or state, must reverse this horrible, un-American decision,” he wrote on his Truth Social site. He insisted his company had “done a magnificent job for New York State” and “done business perfectly,” calling it “A very sad Day for the New York State System of Justice!”

Trump’s lawyer, Christopher Kise, said they would appeal, calling the decision “completely disconnected from the facts and governing law.”

Engoron’s ruling, days before the start of a non-jury trial in James’ lawsuit, is the strongest repudiation yet of Trump’s carefully coiffed image as a wealthy and shrewd real estate mogul turned political powerhouse.



The U.S. to Allow Venezuelans in the Country to Work Legally
Legal Topics | 2023/09/21 16:07
The Biden administration says it’s granting temporary legal status to hundreds of thousands of Venezuelans who are already in the country — quickly making them eligible to work — as it grapples with growing numbers of people fleeing the South American country and elsewhere to arrive at the U.S.-Mexico border.

The move — along with promises to accelerate work permits for many migrants — may appease Democratic leaders who have pressured the White House to do more to aid asylum seekers, while also providing grist for Republicans who say the President Joe Biden has been too lax on immigration.

The Homeland Security Department plans to grant Temporary Protected Status to an estimated 472,000 Venezuelans who arrived in the country as of July 31, making it easier for them to get authorization to work in the U.S. That’s been a key demand of Democratic mayors and governors who are struggling to care for an increased number of migrants in their care. That’s in addition to about 242,700 Venezuelans who already qualified for temporary status before Wednesday’s announcement.

The protections for Venezuelans are significant because they account for such a large number of the migrants who have been arriving in the country in recent years.

Venezuela plunged into a political, economic and humanitarian crisis over the last decade, pushing at least 7.3 million people to migrate and making food and other necessities unaffordable for those who remain. The vast majority who fled settled in neighboring countries in Latin America, but many began coming to the United States in the last three years through the notoriously dangerous Darien Gap, a stretch of jungle in Panama.

Venezuelans who arrive in the U.S. after July 31 of this year will not be eligible for the protection. Those who are now eligible have to apply to get it. Homeland Security Secretary Alejandro Mayorkas granted the expansion and an 18-month extension for those who already have temporary status due to “Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions,” the department said in a statement.

The administration said it would accelerate work authorizations for people who have arrived in the country since January through a mobile app for appointments at land crossings with Mexico, called CBP One, or through parole granted to Cubans, Haitians, Nicaraguans and Venezuelans who have financial sponsors and arrive at an airport. It will aim to give them work permits within 30 days, compared with about 90 days currently.

The promise of accelerated work permits does not apply to people who cross the border illegally and seek asylum, who, by law, must wait for six months to receive work permits.


A Supreme Court redistricting ruling gave hope to Black voters
Legal Business | 2023/09/17 19:10
The Supreme Court’s decision siding with Black voters in an Alabama redistricting case gave Democrats and voting rights activists a surprising opportunity before the 2024 elections.

New congressional maps would have to include more districts in Alabama and potentially other states where Black voters would have a better chance of electing someone of their choice, a decision widely seen as benefiting Democrats.

It’s been more than three months since the justice’s 5-4 ruling, and maps that could produce more districts represented by Black lawmakers still do not exist.

Alabama Republicans are hoping to get a fresh hearing on the issue before the Supreme Court. Republican lawmakers in Louisiana never even bothered to draw a new map.

Khadidah Stone, a plaintiff in the Alabama case, said the continuing opposition was “appalling” but “not surprising.” She noted that Alabama is where then-Gov. George Wallace blocked Black students from integrating the University of Alabama in 1963.

“There is a long history there of disobeying court orders to deny Black people our rights,” she said.

A similar dynamic is playing out in Florida, where Republicans are appealing a ruling favorable to Black voters to the Republican-majority state Supreme Court.

Lawsuits over racially gerrymandered congressional maps in several other states, including Georgia, South Carolina and Texas, quickly followed the Supreme Court’s landmark Voting Rights Act decision in June. But the continued pushback from Republican legislatures in control of redistricting means there is great uncertainty about whether –- or how soon -– new maps offering equal representation for Black voters will be drawn.


Hunter Biden is indicted on federal firearm-purchasing charges after plea deal fails
Legal Business | 2023/09/15 02:10
Hunter Biden was indicted Thursday on federal firearms charges, the latest step in a long-running investigation into the president’s son that puts the case on track toward a possible high-stakes trial as the 2024 election looms.

Biden is accused of lying about his drug use when he bought a firearm in October 2018, a period when he has acknowledged struggling with addiction to crack cocaine, according to the indictment filed in federal court in Delaware by a special counsel overseeing the case.

The indictment comes weeks after the collapse of a plea deal that would have averted a criminal trial and distracting headlines for President Joe Biden.

The court fight doesn’t seem likely to end soon. Hunter Biden’s defense attorney argues he didn’t violate the law and remains protected by an immunity provision that was part of the plea deal. The charges, meanwhile, are rarely filed as stand-alone counts and a federal appeals court recently found the measure he was charged under unconstitutional.

He’s also been under investigation for his business dealings, and the special counsel has indicated that tax charges could be filed at some point in Washington or in California, where he lives.

The legal arguing comes as a political fight also plays out. The House has formally opened an impeachment inquiry into the Democratic president, seeking to tie the elder Biden to his son’s businesses and divert attention away from former President Donald Trump’s own legal woes. Trump’s include federal indictments over the handling of classified documents and efforts to overturn his 2020 election loss to Joe Biden.

Republicans have unearthed no significant evidence so far of wrongdoing by the elder Biden, who as vice president spoke often to his son and stopped by a business dinner with his son’s associates. The White House maintains Joe Biden was not involved in his son’s business affairs.

Republicans had slammed the plea agreement that spared Hunter Biden jail time as a “sweetheart deal.” Rep. James Comer, the lead Republican pursing the impeachment inquiry, called the gun charges “a very small start” and pushed for investigation of whether the president was involved in his son’s business dealings. Trump also pointed to the lack of connection to Joe Biden in the gun charge plea agreement.


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